What is a Notice of Omitted Items in patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A Notice of Omitted Items is an official communication from the USPTO regarding missing elements in a patent application. As described in MPEP 601.01(f):

“If drawings are omitted in an application filed under 35 U.S.C. 111(a) on or after December 18, 2013, but the application contains something that can be construed as a written description, at least one drawing, if necessary under 35 U.S.C. 113 (first sentence), and, in a nonprovisional application, at least one claim, the Office will not deny a filing date.”

In such cases, the USPTO will issue a Notice of Omitted Items, informing the applicant of the missing drawings and providing a two-month period to submit them. This notice is crucial as it sets the deadline for completing the application and avoiding abandonment.